Agenda, decisions and minutes

Executive
Tuesday, 5th October, 2021 10.30 am

Venue: Council Chamber - City Hall, Bradford. View directions

Contact: Jill Bell / Yusuf Patel 

Items
No. Item

39.

DISCLOSURES OF INTEREST

(Members Code of Conduct - Part 4A of the Constitution)

 

To receive disclosures of interests from members and co-opted members on matters to be considered at the meeting. The disclosure must include the nature of the interest.

 

An interest must also be disclosed in the meeting when it becomes apparent to the member during the meeting.

 

Notes:

 

(1)       Members may remain in the meeting and take part fully in discussion and voting unless the interest is a disclosable pecuniary interest or an interest which the Member feels would call into question their compliance with the wider principles set out in the Code of Conduct.  Disclosable pecuniary interests relate to the Member concerned or their spouse/partner.

 

(2)       Members in arrears of Council Tax by more than two months must not vote in decisions on, or which might affect, budget calculations, and must disclose at the meeting that this restriction applies to them.  A failure to comply with these requirements is a criminal offence under section 106 of the Local Government Finance Act 1992. 

 

(3)       Members are also welcome to disclose interests which are not disclosable pecuniary interests but which they consider should be made in the interest of clarity.

 

(4)       Officers must disclose interests in accordance with Council Standing Order 44.

 

Minutes:

No disclosures of interest in matters under consideration were received.

 

40.

INSPECTION OF REPORTS AND BACKGROUND PAPERS

(Access to Information Procedure Rules – Part 3B of the Constitution)

 

Reports and background papers for agenda items may be inspected by contacting the person shown after each agenda item.  Certain reports and background papers may be restricted. 

 

Any request to remove the restriction on a report or background paper should be made to the relevant Strategic Director or Assistant Director whose name is shown on the front page of the report. 

 

If that request is refused, there is a right of appeal to this meeting. 

 

Please contact the officer shown below in advance of the meeting if you wish to appeal. 

 

(Jill Bell / Yusuf Patel - 01274 434580 434579)

Minutes:

There were no appeals submitted to review restricted documents.

 

41.

RECOMMENDATIONS TO THE EXECUTIVE

To note any recommendations to the Executive that may be the subject of report to a future meeting.  (Schedule to be tabled at the meeting). 

 

 (Jill Bell / Yusuf Patel - 01274 434580 434579)

 

Minutes:

There were no recommendations to the Executive.

 

EDUCATION, EMPLOYMENT AND SKILLS PORTFOLIO & DEPUTY LEADER

(Councillor I Khan)

42.

BINGLEY GRAMMAR SCHOOL pdf icon PDF 107 KB

The Strategic Director Children’s Services will submit a report

(Document “U”) which asks the Executive to approve the request to allocate Basic Needs funding to allow construction works at Bingley Grammar School to be undertaken to create suitable space for a Specialist Resourced Provision (subject to consultation and approval) for children and young people with SEND and the enlargement of the school premises, increasing the overall capacity of the school.

 

Recommended –

 

Approve the request to allocate £6.1 million Basic Needs funding to allow    construction works at Bingley Grammar School to create suitable space for a specialist Resourced Provision (subject to further consultation and approval) and the enlargement of the school premises, increasing the overall capacity of the school.

 

Children’s Services Overview and Scrutiny Committee

 

(Marium Haque - 01274 431078)

 

 

Minutes:

The Strategic Director Children’s Services submitted a report

(Document “U”) which asked the Executive to approve the request to allocate Basic Needs funding to allow construction works at Bingley Grammar School to be undertaken to create suitable space for a Specialist Resourced Provision (subject to consultation and approval) for children and young people with SEND and the enlargement of the school premises, increasing the overall capacity of the school.

 

The Strategic Manager Intelligence and Sufficiency stated that the decision would be the start of the commencement of a full consultation, including the SEND element. The funding would be used for a number of schemes at the School, with the School making a contribution in line with DfE guidance.  The creation of additional spaces would enhance provision in the area and enable local children to secure a place at the School, without the need to travel out of  area.

 

The Head of Bingley Grammar was present and stated that he welcomed the additional funding, that it would create much needed space at the School and remove the need for portacabins.

 

The Deputy Leader and Education and Skills Portfolio Holder welcomed the investment adding that the School had achieved excellent results over the years, with a good Ofsted rating.

 

A Bingley Ward Councillor was present and stated that he also welcomed the much needed investment in what was a popular School, however, he hoped that the new investment would also address the existing traffic and parking issues being experienced by local residents.

 

In relation to a question on the SEND provision in the District, it was stated that the aim of creating the extra provision would be to ensure that children remained in the District and did not have to travel out of area.

 

Another Ward Councillor was also present and he also urged that the existing highways and traffic issues be addressed as part of the proposals.  In response it was stated that the Council’s highways’ service would produce a workable solution.

 

Resolved –

 

That the request to allocate £6.1 million Basic Needs funding to allow construction works at Bingley Grammar School be approved to create suitable space for a Specialist Resourced Provision (subject to further consultation and approval) and the enlargement of the School premises, increasing the overall capacity of the School.

 

ACTION: Strategic Director Children’s Services

 

Children’s Services Overview and Scrutiny Committee

HEALTHY PEOPLE AND PLACES PORTFOLIO

(Councillor Ferriby)

43.

APPROVAL TO BUILD A NEW CARE HOME FACILITY IN SALTAIRE pdf icon PDF 482 KB

The Strategic Director Health and Wellbeing will submit a report (Document “V”) which outlines proposed plans to build a new care home facility in Saltaire, which will modernise the council’s care home estate and provide a more dignified setting for older people in need of short-stay residential care.

 

Recommended –

 

It is recommended that Option 2 to replace both homes with the Saltaire scheme be approved.

 

Health & Social Care Overview & Scrutiny Committee

 

(Dean Roberts – 01274 432942)

Additional documents:

Minutes:

The Strategic Director Health and Wellbeing submitted a report (Document “V”) which outlined proposed plans to build a new care home facility in Saltaire, which will modernise the Council’s care home estate and provide a more dignified setting for older people in need of short-stay residential care.

 

The Health and Wellbeing Portfolio Holder stated that the need for new provision had been discussed for some time. The proposed facility would support short stay respite care and hospital leavers and provide more modern en-suite facilities for residents.

 

The Strategic Director stated that in creating the new home, the two existing care homes would be closed with staff given the option of transferring to the new home or being redeployed. He added that the proposal would reduce the overall number of short stay beds by 12 across the District, however, this would be acceptable as more people would be seeking services in their own homes.

 

The Leader stressed that care home staff were valued employees and it was important that no job losses would result.

 

Resolved –

 

That Option 2 set out in Document “V” to replace both homes with the Saltaire scheme be approved.

 

ACTION: Strategic Director Health & Wellbeing

 

Health & Social Care Overview & Scrutiny Committee

 

(Dean Roberts – 01274 432942)

 

44.

HOME FARM TRUST pdf icon PDF 629 KB

The Strategic Director Health & Wellbeing will present a report (Document “W”) which sets out service delivery options to transfer the day services currently operated by ‘Home Farm Trust’ to council control in the short term and to deliver transformation in the long term.

 

Recommended –

 

(1)       It is recommended that Executive supports the proposed            transition of the current HFT Day Services contract to a temporary    Special Purpose Vehicle (SPV) on 31 March 2022 as a temporary       vehicle from which to launch the Reimagining Day Services                   Strategy on 1 April 2022 as set out above; and

 

(2)       Agree to delegate the establishment of the proposed temporary           vehicle, its governance and strategic oversight to the Strategic          Director of Health and Wellbeing and the Portfolio Holder for        Health & Wellbeing, in consultation with the Director of Finance and             City Solicitor, subject to compliance with the Council’s wider   Corporate Strategy.

.

Health & Social Care Overview Scrutiny Committee

 

(Jane Wood - 01274 432942)

 

Additional documents:

Minutes:

The Strategic Director Health & Wellbeing presented a report (Document “W”) which set out service delivery options to transfer the day services currently operated by ‘Home Farm Trust’ to Council control in the short term and to deliver transformation in the long term.

 

The Health and Wellbeing Portfolio Holder stated that she welcomed the proposals and that the aim was to expand opportunities for  those with a learning disability.

 

The Strategic Director stressed that national evidence showed that the most successful and sustainable day opportunities had people who used the service at the heart of governing and constantly evolving that service.  User Led Organisations (ULO), enabled people with learning disabilities (with appropriate support) to decide the direction of the organisation to ensure it continued to deliver what people wanted. 

 

In addition, the Council had been working to move towards a more person-centred community-based model of support, with clients assigned personal budgets to manage their care..  The intention was to offer people more of what they want, to promote greater independence and encourage community engagement in order to improve outcomes for people with learning disabilities.

 

It was also reported that the views expressed through the consultation /questionnaire process had been incorporated into the proposals.

 

Resolved –

 

(1)       That the proposed transition of the current Home Farm Trust Day        Services contract to a temporary Special Purpose Vehicle (SPV) on          31 March 2022 be supported, as a temporary vehicle from which to launch the Reimagining Day Services Strategy on 1 April 2022 as           set out in Document “W”; and

 

(2)       That the establishment of the proposed temporary vehicle, its   governance and strategic oversight be delegated           to the Strategic       Director of Health and Wellbeing and the Portfolio Holder for Health   & Wellbeing, in consultation with the Director of Finance and City    Solicitor, subject to compliance with the Council’s wider Corporate    Strategy.

.

ACTION: Strategic Director Health & Wellbeing/Director of Finance and City Solicitor

 

Health & Social Care Overview Scrutiny Committee

 

 

45.

BEREAVEMENT SERVICES STRATEGY - HEATON CREMATORIUM UPDATE pdf icon PDF 94 KB

The Strategic Director, Place will submit a (Document “X”) which update the Executive on delivery of the adopted Bereavement Strategy relating to the procurement of a principal contractor for the new Heaton Crematorium.

 

Recommended –

 

That the Executive approves the following recommendations -

 

(1)       Approval for the Strategic Director, Place in consultation with the Director of Finance & IT to award the contract to the successful tenderer for the construction of Heaton Crematorium as detailed in this report within the overall programme budget of £23 million.

 

(2)       A further report to be presented to the Executive on the costs for Bierley Crematorium in due course.

 

(3)       That in accordance with paragraph 8.7.4 of Part 3E of the constitution, that the recommendations above are not subject to call-in as the matter is urgent for the reasons set out in paragraphs 5.1 to 5.3 of Document “X.

 

Regeneration & Environment Overview & Scrutiny Committee

 

(Phil Barker - 01274 432616)

Minutes:

The Strategic Director, Place submitted a report (Document “X”) which updated the Executive on delivery of the adopted Bereavement Strategy relating to the procurement of a principal contractor for the new Heaton Crematorium.

 

The Health and Wellbeing Portfolio Holder stated that the Council had invested in a long term Bereavement Strategy to replace outdated Crematoria, with the new Oakworth Crematorium facility opening in due course.  She thanked staff within the Bereavement Services for their dedication and hard work. Additional funding was now required for the Heaton proposal as construction and building costs had increased significantly  in the face of rising global costs.

 

The Assistant Director Sport and Leisure stressed that construction costs were now 25% more than what had been envisaged when the original allocation had been made.

 

In response to a question from the main Opposition Group Leader regarding value for money and any potential impact on the new Oakworth facility as a result of rising costs, the Assistant Director stated that  the project would be delivered on time and on budget. A full assessment was being carried out in relation to the proposed Bierley Crematorium and this would be reported in due course in the context of increased land and construction costs.

 

The Leader stressed the volatility of the markets and that future projects and their cost implications would have to be reassessed at design/build stage.

 

Resolved –

 

(1)       That approval be given for the Strategic Director Place in consultation with the Director of Finance & IT, to award the contract to the successful tenderer for the construction of Heaton Crematorium as detailed in Document “X” within the overall programme budget of £23 million.

 

(2)       That a further report be presented to the Executive on the costs for Bierley Crematorium in due course.

 

(3)       That in accordance with paragraph 8.7.4 of Part 3E of the Constitution, the recommendations above are not subject to call-in as the matter is urgent for the reasons set out in paragraphs 5.1 to 5.3 of Document “X.

 

ACTION: Strategic Director Place/Director of Finance

 

Regeneration & Environment Overview & Scrutiny Committee

 

(Phil Barker - 01274 432616)

 

NEIGHBOURHOODS & COMMUNITY SAFETY PORTFOLIO

(Councillor Jabar)

46.

BLIGHT SITE - LAND NORTH EAST OF DRAUGHTON GROVE, BD5 WIBSEY pdf icon PDF 130 KB

The Strategic Director Place will submit a report (Document “Y”) which informs the Executive on issues, actions and solutions related to a nuisance area of land where the owners cannot be traced.

 

Recommended –

 

That the Executive approves the following recommendations –

(1)       That the Executive is satisfied that the condition of the land needs      to be improved to prevent further deterioration and that the future             use of the land for either a proposed reclamation scheme to         provide an amenity space/community allotment site or for       housing development is in the public interest and that any harm          caused by the use of compulsory purchase powers to acquire and          interfere with third party land and rights needed for the scheme is            outweighed by the public benefits which the scheme will      generate, having also taken into account at this stage, the          statutory obligations under the Equality Act 2010 in relation to the           differential impact a Compulsory Purchase Order might have on various groups of persons with protected different characteristics and human rights legislation.

(2)       To authorise a Compulsory Purchase Order to be made pursuant        to Section 89 of the National Parks and Access to the Countryside             Act ) 1990 for the use of the land as an amenity space/community    allotment site or under Section 17(1) of the Housing Act 1980 for       use of the land for housing development, including Section 1 of           the Localism Act 2011 and the Acquisition of Land Act 1981 and       all other relevant and enabling powers to secure the compulsory    acquisition of the derelict, neglected and unsightly land situate to             the north east of Draughton Grove, Little Horton, Bradford, shown      edged red on the plan appended here to as Appendix C.

(3)       To delegate to the Strategic Director: Place authority to –

(i)         decide on the most appropriate future use of the land in consultation with the Portfolio Holder and taking soundings from Ward Members

(ii)        make, any necessary, minor or technical amendments to the     Compulsory Purchase Order;

(iii)      the “Statement of Reasons” to accompany the Compulsory       Purchase Order”, to justify the use of compulsory purchase         powers,

(iv)      prepare the Compulsory Purchase Order Map and Schedule and          all other legal documentation necessary to support and     accompany the Compulsory Purchase Order to the appropriate       Secretary of State for confirmation;

(v)       approve any agreements with landowners setting out the terms           for withdrawal of any objections to the Compulsory Purchase            Order;

(vi)      confirm the Compulsory Purchase Order, if satisfied that it is    appropriate to do so, in the event that the relevant Secretary of          State  notifies the Council that the Council has been given the power to confirm the Compulsory Purchase Order;

(vii)     promote any modifications to the Compulsory Purchase Order, if        expedient to do so;

(viii)    take all and any necessary action, as the case may be to promote        the Compulsory Purchase Order and to continue or open       negotiations as the case may be for the acquisition of the land     included in the Compulsory Purchase Order and any other  ...  view the full agenda text for item 46.

Additional documents:

Minutes:

The Strategic Director Place submitted a report (Document “Y”) which informed the Executive on issues, actions and solutions related to a nuisance area of land where the owners cannot be traced.

 

The Assistant Director Neighbourhoods stated that the land had been the

subject of complaints for many years to Ward Councillors and the Council.

Of the nine incidents since 2012, the Council has had to

remove the waste seven times, setting charges as appropriate against the

Land, in the absence of being able to locate the landowners.  Legal powers

used included the Environmental Protection Act Section 59 notice,

Prevention of Damage by Pests Act Section 4 and Community Protection

warnings and notices. Whilst the use of enforcement powers provided a

mechanism to clear rubbish, it had not prevented nor discouraged repeated fly

tipping, which could only be effectively stopped by the Council gaining control

and securing the land against unauthorised access.

 

He added that if the Land was acquired, it was intended to use funding from the budget allocation for finding solutions to persistent fly tipping sites, in order to install robust fencing and gates to prevent future fly tipping, in anticipation of the Land being put to productive use in the future.

 

The Leader stated that the issues set out in the report straddled a number of Portfolio areas and Members felt that action was urgently needed to resolve the issues affecting the Land. She thanked officers and residents for the work done thus far.

 

A Ward Councillor for the area was present and stated that this piece of land was well known as a blight site and in welcoming the proposals, she hoped to work with local residents to turn the area into an open green space.

 

Resolved –

           

(1)       That the Executive is satisfied that the condition of the land       needs to be improved to prevent further deterioration and     that the future use of the land for either a proposed             reclamation scheme to provide an amenity space/community    allotment site or for housing development is in the public interest          and that any harm caused by the use of compulsory purchase      powers to acquire and interfere with third party land and rights             needed for the scheme is outweighed by the public benefits      which the scheme will generate, having also taken into account at this stage, the statutory obligations under the Equality Act 2010 in          relation to the differential impact a Compulsory Purchase Order             might have on various groups of persons with protected different       characteristics and human rights legislation.

 

(2)       That a Compulsory Purchase Order be made pursuant to Section        89 of the National Parks and Access to the Countryside Act ) 1990            for the use of the land as an amenity space/community allotment   site or under Section 17(1) of the Housing Act 1980 for use of the           land for housing development, including Section 1 of the      Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers to secure the compulsory  ...  view the full minutes text for item 46.

47.

VOLUNTARY COMMUNITY AND ENTERPRISE SECTOR (VCSE) INFRASTRUCTURE PROCUREMENT STRATEGY pdf icon PDF 134 KB

The Strategic Director Place will submit a report (Document “Z”) which advises the Executive of the forthcoming procurement of a combined VCSE contract for services with a value in excess of £2 million in line with the requirements of Contracts Standing Orders (CSO 7.2.1) prior to the commencement of the procurement process.

 

Recommended –

 

(1)       That no changes are made to the current funding support made           available to the VCSE sector

 

(2)       That the option to review the grant is welcomed with the input of         the sector and the integration of the funds into one contract for    service delivery is approved for tender with the timeline given.

 

Corporate Overview and Scrutiny Committee

(Ian Day - 01274 433507)

 

 

Additional documents:

Minutes:

The Strategic Director Place submitted a report (Document “Z”) which advised the Executive of the forthcoming procurement of a combined VCSE contract for services with a value in excess of £2 million, which had been reported in line with the requirements of Contract Standing Orders (CSO 7.2.1) prior to the commencement of the procurement process.

 

The Assistant Director Neighbourhoods stated that the proposals would bring together four different community support arrangements and funds, which had previously not been allocated to ensure comprehensive coverage. These arrangements would be replaced with a single point of contact.

 

It was stressed that the market engagement on the proposed strategy had been extensive, and that it was intended to go to market by the end of the month.

 

The Leader welcomed the opportunity for VCS providers to collaborate and attract external funding.

 

Resolved –

 

(1)       That no changes be made to the current funding support            made available to the VCSE sector.

 

(2)       That the option to review the grant be welcomed with the            input of the sector and the integration of the funds into one   contract for service delivery be approved for tender with the         timeline given.

 

ACTION:  Strategic Director Place

 

Corporate Overview and Scrutiny Committee

(Ian Day - 01274 433507)

 

48.

MINUTES OF THE WEST YORKSHIRE COMBINED AUTHORITY pdf icon PDF 198 KB

To receive the minutes of the meeting(s) of the West Yorkshire Combined Authority (Document “..” attached)